Vijaya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2026

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Vijaya 2.Dinesh ... Petitioners Vs.

1.The Deputy Superintendent of Police, Musiri Sub Division, Jeeyapuram, Trichy District.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District.

(Crime No.229 of 2026) 3.Sivaji ... Respondents PRAYER: Criminal Original Petition filed under Section 528 BNSS to permit the petitioners to surrender before the learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy in connection with Cr.No.229 of 2026 on the file of the second respondent Police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

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For Petitioners : Mr.K.Prakash For R1 & R2 : Mr.T.Lenin Kumar, Counsel for State of Tamil Nadu(Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 BNSS seeking orders to direct the learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.229 of 2026 on the file of the second respondent police.

2.The petitioners are accused for the offences punishable under Sections 296(b), 329(3), 351(2), 324(2) BNS r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities)Act, 1989 in Crime No. 229 of 2026, pending on the file of the second respondent police and apprehending arrest, they have filed the present petition. 2/6

3.Heard the learned counsel appearing for the petitioners, the learned Counsel for State of Tamil Nadu(Crl. Side) appearing for the respondents 1 and 2 and perused the materials available on record. 4.The learned Counsel for State of Tamil Nadu(Crl. Side) appearing for the respondents 1 and 2 would submit that the petitioners are not having any previous cases.

5.In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the learned I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy to consider the petitioners' bail application, preferably on the same day of his surrender in connection with Crime No.229 of 2026 on the file of the second respondent police and pass appropriate orders, in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST Act. The petitioners shall surrender before the concerned jurisdictional Court, 3/6

within a period of fifteen days, from the date of the receipt of a copy of this order.

6.It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioners and pass orders. Mere direction issued by this Court to consider the bail petition on the same day, does not amount to consider it favorably. The trial Court shall also take note of the damages caused by the accused persons.

7. With the above direction, this Criminal Original Petition stands allowed.

29.05.2026 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The I Additional District and Sessions Judge cum Special Judge PCR Court, Trichy 2.The Deputy Superintendent of Police, Musiri Sub Division, Jeeyapuram, Trichy District.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

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